Ohio Subscriber

A

You have pointed out a definite gap in coverage for an insured who happens to be a tenant or lessee. Assuming that a tenant or lessee can evict a business invitee without resorting to physical means (thereby bringing in the bodily injury coverage of a CGL form), there is no personal injury liability coverage under the CGL form for him or her if the invitee should make a claim or file a lawsuit based on something like mental anguish or embarrassment. The definition of personal injury clearly limits coverage to owners, landlords, or lessors in such a situation.

Perhaps a case can be made that the tenant or lessee evicted the person on behalf of the owner or lessor of the premises in that such an eviction possibly prevented physical damage being done to the premises by the evicted person. The eviction prevented possible property damage to the owner's property, the owner thus benefited by the tenant's actions, and so, the tenant can be said to have acted on behalf of the owner (in the interests of the owner). A capable attorney and a sympathetic judge could interpret the definition of personal injury in such a manner, but that would be quite a stretch.

So, what can a tenant or lessee do? One way would be to have the definition of personal injury changed so as to include tenants and lessees in the particular clause dealing with wrongful eviction. Another method would be purchasing a specialty type policy or a manuscripted policy that applies to this particular exposure. There may be other methods, but the options for bridging this coverage gap are limited.